Prisons (Property) Bill

Debate between Stuart Andrew and Edward Leigh

Friday 14th September 2012 Commons Chamber

[Stuart Andrew]

We intend to consult as widely as possible on what that time period should be. It is up to the person who wishes to claim an unattributable piece of property to prove that it belongs to them. If they cannot do so, the governor will be allowed to destroy it.

[Mr Edward Leigh (Gainsborough) (Con)]

I support my hon. Friend’s Bill, and I raise the following point only to ensure we have a rigorous debate. While I accept that the state has the right to confiscate and destroy articles that are in themselves illegal, such as drugs, we should be wary of giving powers to the state to confiscate and destroy, for its own purposes and profit, goods that are not illegal, such as mobile phones. I raise this point so my hon. Friend can give a satisfactory answer, and assure us that prisoners are a particular category in this respect, and that this is in no way the thin end of the wedge in conferring on the state powers that we would not normally want it to be given.

[Stuart Andrew]

My hon. Friend is right: we need to ensure that this Bill does not give powers that can be taken too far. That is why prisoners will have an opportunity to claim property and appeal for it not to be destroyed. We want to consult on this issue, in order to address the concerns my hon. Friend raises and to make sure we get the Bill absolutely right.

I hope I have succeeded in convincing colleagues of the need for this Bill.